What is distinction between Article 226 and 227 of Constitution of India?

1. 1) Nature of Power:

   • Article 226 grants High Courts the power to issue writs for the enforcement of fundamental rights and for any other purpose. These writs include habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
   • Article 227, on the other hand, confers upon High Courts the power of superintendence over all courts and tribunals within their jurisdiction. This power is more administrative in nature, ensuring proper functioning of the subordinate judiciary.

2. 2) Scope of Authority:

   • Article 226 allows High Courts to intervene in individual cases where fundamental rights are at stake or for other legal issues that warrant the issuance of writs.
   • Article 227 provides High Courts with the authority to oversee the entire judicial machinery within their territorial jurisdiction, ensuring uniformity and proper administration of justice.

3. 3) Purpose:

   • Article 226 primarily serves the purpose of protecting fundamental rights and ensuring justice by providing a mechanism for individuals to directly approach the High Court through writ petitions.
   • Article 227 aims to maintain judicial discipline and ensure the proper functioning of all courts and tribunals under the High Court's jurisdiction, without necessarily being concerned solely with fundamental rights.

4. 4) Enforcement Mechanism:

   • Article 226 empowers individuals to directly approach the High Court for the enforcement of their fundamental rights or other legal issues by filing writ petitions.
   • Article 227 does not provide individuals with a direct mechanism for enforcement but allows the High Court to intervene in matters relating to lower courts and tribunals either on its own motion or upon application.

5. 5) Extent of Authority:

• Article 226 empowers High Courts to exercise jurisdiction over specific cases and matters within their territorial jurisdiction, without necessarily extending to the entire judicial system.
• Article 227 extends the High Court's authority over all courts and tribunals within its territorial jurisdiction, ensuring uniformity and proper functioning of the entire judicial system under its purview.

6. Leading Supreme Court Judgment on distinction between Article 226 and 227 of Constitution of India

https://www.lawweb.in/2024/03/leading-supreme-court-judgment-on.html

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